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About samnrong

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Immigration Timeline & Photos

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  1. Exactly. Unless you hear something from the embassy I wouldn't start to worry.
  2. You probably won't get an update on the passport until it transfers to NIV. Not sure of the current workloads in GZ, but could just bet that they're busy. Your fiancee was given the "acceptance" letter and not given anything requesting further information. Also, as others mentioned, they would not take her passport if they needed additional info. It's possible that while going through the final checks something has popped up and you'll soon get a mailed letter requesting more information, but I think this is less likely than the consulate just being backlogged and processing of visas is taking a bit longer. Remember, they are not just processing K-1's, they are processing all types of visas (tourist, work, etc.). For what it's worth, I called the number on the UStraveldocs website and was able to speak with an individual. Maybe just keep trying that line (I think there's only one number per the website).
  3. Yes, this means that your visa is in the NIV unit. They've already transferred from IV to NIV and now they are getting ready to issue the visa. The status will read "ISSUED" when the Visa is issued and ready to mail. Weird that you can't see the status of the passport anymore per the website. Could be a systems issue. Try checking through the email option. I wouldn't start to worry yet. 10 business days is still within a normal processing timeframe. Maybe there is just high volume and they have a lot of visas to process.
  4. 1) You can fill out the DS-160. You need the DS-160 as the K-1 is a non-immigrant visa. 2) See answer to #1 3) Is your employment letter from your new employer and state your new salary (it is a bit hard to tell from the way you worded your question)? They are interested in your current salary, as they are looking towards the future. If letter is from new employer, being slightly outdated (a month or two) won't matter. If letter is from old employer, it's worthless. Get one from new employer. 4) Medical exam is good for 1 year, so you want to plan it alongside with your plans for coming to the US. You need to file AoS within 1 year of the medical to prevent having to get a new one stateside. Other than that it's up to you. Can schedule as far in advance as you want (note that you will only be able to schedule once you've received P4).
  5. The AP that you are seeing is normal processing. Technically what happens is that up until this point you have been processed in the Immigrant Visa channel. Once approved, they need to switch everything into the Non-Immigrant Visa channel since K-1 is technically a NIV. The IV unit will send the visa to AP and transfer it over to NIV. Once it gets into NIV it will again undergo normal AP while they prepare everything. It will then state issued under NIV channel when it's ready to go out. Check on the USCIS website. Is the visa showing as NIV yet? That's a good indication that it is close to being sent out.
  6. It's my understanding that they have at a minimum skimmed through it. They have the case file ahead of time and I am under the impression they look at it previously. They have a computer screen with them that they look at, which I believe has all the information pulled up in real time.
  7. I'd go based on what is on the US Travel Docs website. That is the official website the consulate uses and seems to have been updated for August.
  8. They only mean official documents (birth certificate, police certificate, marriage/divorce, etc.) No need to get plane tickets and the like translated officially. For what it's worth, I also compiled a large pile of evidence including plane tickets, hotels, and WeChat transcripts. The CO didn't look at any of this. Better to have in case they ask for it, but likely they won't even go through the trouble of looking at this, especially not if you had frontloaded your application with this info.
  9. To add on to this, as visafrompa states, you will need to file a US tax return for every year that you missed. The US taxes worldwide income and even if no tax is due, there is still a requirement to file a tax form with the IRS. So from the likes of it, it sounds that you have not filed for the past 5 years (2014 - 2018?) and will need to start by filing a Form 1040 for all of these years. Keep in mind that the exemption the other posters are speaking of is the Foreign Earned Income Exclusion. This is a tax law that excludes up to $103K of foreign earned income. However, in order to qualify for this exclusion you need to meet a number of qualifying tests: Bona fide resident test and physical presence test. Under the bona fide resident test the taxpayer must be a resident of the foreign country for a period that includes a full tax year. For the physical presence test, you must spend at least 330 days of the year outside of the US. Now, based on what you have stated, you never declared residency in China as you were on a tourist visa and had no right to work in the country. You never paid taxes to the Chinese government nor did you inform them nor did they consider you a resident. You kept your address in the US and maintained the US as your country of residence. This will exclude you from meeting the bona fide resident test and you are not eligible for the Foreign Earned Income Exclusion. There are also Foreign Tax Credits that reduce your US Income Tax Liability. Without going into too much detail, these essentially work as a reduction in your US taxes owed for taxes paid overseas in a country that the US has a valid tax treaty with (US does not have tax treaties with 100% of countries, so if you have income earned and pay taxes in one of these countries you end up getting taxed double as the US doesn't recognize the taxes paid). However, in your case, you mentioned that you NEVER paid taxes to China, nor did you claim the income with China, so you would not have any Foreign Tax Credits to offset your US liability. In short, since you never paid foreign income taxes you have nothing to reduce the US income taxes you would have owed and will therefore have to pay them to the US. Now, since it sounds like you had taxable income, for which you never claimed and never paid taxes on, when you file you will also be subject to a penalty plus accrued interest from the IRS for failure to pay your taxes in a timely manner. So to recap you need to do the following: 1) File Form 1040 with the IRS for every year that you did not file 2) Pay all taxes owed + penalties + interest Strongly suggest doing this ahead of time. Technically you have committed tax evasion, which is punishable through fines and even jail time (see Wesley Snipes). Self reporting the missing years and paying all back taxes and penalties is much prerferable to the government catching this when you start filing your immigration forms. Due to the nature of the questions on your immigration forms, it's unlikley that this won't come up (since you need to explain why you have no work history for the past 5 years). The longer you wait, the larger the penalties and interest get on the back taxes owed so recommend to do this ASAP. There's current talk that the administration will deny passports to citizens who owe back taxes as a means of enforcement. I can only imagine that something similar may impede your immigration journey. Best to get your tax situation taken care of prior to going the immigration route.
  10. Unless a valid degree is a requirement for licensure (for example, CPA, MD, etc.), it may not be an issue. I think your work experience would be more relevant here. For example, if you're a criminologist and the job your applying for does not mandate a degree (i.e., not that the position requests one but the licensing board actually mandates that all professionals have degrees to obtain the license), and you have 20 years of experience as a criminologist in Belgium, this would likely factor much more into an employers decision of whether to hire you. Generally speaking, if you're going for an advanced level job that requires years or a decade + of experience, chances are that the technicalities of whether the degree is accepted are far less relevant than your work experience and history. I only see degrees being relevant if you're looking at entry-level jobs (where you don't have the relevant experience to overcome the fact that your degree isn't accepted) or where one is mandated for licensure.
  11. Doubt the CO will ask about your income. Once the documents are collected at the intake they will go into your file and be available for the CO to see. I don't know why they would ask your fiancee any questions about your income. The documents provided should speak for themselves (i.e., the CO can read the affidavit of support form and tax transcripts themselves without any need to ask your fiancee).
  12. I just brought everything to CYA. If you have all the items, what harm is it to include an additional 2 pieces of paper to carry around?
  13. I actually believe you are looking at the wrong instructions. The resume is listed on the IV Instructions, but there is no such requirement for K visas. http://cdn.ustraveldocs.com/cn/IV Instructions-English Aug2019.pdf http://cdn.ustraveldocs.com/cn/K Visa Instructions-English Aug2019.pdf Make sure that you are following the K Visa Instructions rather than the IV Instructions. Technically the K Visa is a non-immigrant visa that is processed similarly to an immigrant visa due to the immigration intent.
  14. Can you please provide the link where you saw this information as required? We did not see this when preparing for our interview, so it would be helpful to see the link. To answer your question, we did not prepare a resume for my fiancee. The topic did not come up with the CO. My guess here is that this is relevant for individuals that will be working in classified fields in the US, as the government likely will need to perform additional background checks. For example, if your fiancee was working as a rocket scientist or AI researcher and had an advanced degree in these areas, there would be some risk that she may be an intelligence risk and they'd want to vet that further. IMO this is the risk they're worried about, so if your fiancee only has a high school degree and does not work in a classified field, doubt that they will request. As far as evidence goes, recommended to CYA here and bring everything. We brought a copy of everything included in the 129-F (although they should already have this on file), additional evidence of relationship from the I-129F filing through the interview date, and updated letters of intent to marry. Of these items, the one that I hear as the most important is the updated letters of intent to marry. However, I don't believe that the consulate looked at any of this (we had provided a lot of evidence with the I-129F, as I had already made 3-4 visits) and they solely relied on the interview. In my opinion, better to be over prepared than under prepared. I'd much rather prepare evidence that is not looked at than have them request evidence that I do not have and be put into AP. They did ask about the last time we saw each other. She was able to provide my passport to the CO (I accompanied her to GZ for the interview and gave her my passport for this purpose) to show that I was in-town for support. Not sure if this matters, but if you're going to be there for support, it can't hurt. Overall the process was smooth. She went into the consulate, delivered the Affidavit information to a counter and then went on to the interview. The interviewer spoke both Chinese and English, so your fiancee should be able to use whichever language she is more comfortable in. Hopet his helps and good luck!
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